The reform of the occupational health and safety regime, initiated in 2021, has entered its final stages. As a result, employers and workers are seeing their roles evolve within a framework that fosters greater collaboration and participation.
Following the adoption of Orders in Council 1154-2025 and 1155-2025 in September, implementation of one of the last major sections of the Act to modernize the occupational health and safety regime (the “AMOHSR”) began on October 1, 2025, with the coming into force of several provisions of this Act, as well as the new Regulation respecting prevention and participation mechanisms in an establishment (the “Regulation”).
We will briefly review the objective of the AMOHSR. We will then outline the main changes and provide an update on the transitional and final provisions.
Objective
These changes aim to get workers more involved in preventing workplace risks and to encourage employers and workers to collaborate in finding solutions to health and safety issues. New obligations are also imposed on employers to promote increasingly effective management of these issues.
Furthermore, now that the Regulation is in force, it is completely replacing the interim regime imposed on employers in 2021.
Main changes
Prevention program and action plan
From now on, all employers will be required to establish a prevention program for establishments with 20 or more workers, or an action plan for those with fewer than 20 workers, regardless of the level of risk associated with the activities carried on in the establishment. This is intended to be the logical extension in scope of the obligation to identify and analyze risks that could affect health and safety, which was previously incumbent on employers under the interim regime.
Both prevention programs and action plans must include and establish a hierarchy of measures and priorities for action that will enable employers to achieve the primary objective of the Act respecting occupational health and safety (the “OHSA”), namely to eliminate at the source dangers to the health, safety, and physical and mental well-being of workers or, failing that, to control them.
With some exceptions, employers have one year to develop and implement the prevention program or action plan, which must be updated annually thereafter.
In addition, employers who own several establishments where activities of the same nature are carried on may develop and implement a single prevention program for some or all of these establishments, provided certain conditions are met.
Health and safety committee
All employers with 20 or more workers in their establishment must set up a health and safety committee. The Commission des normes, de l’équité, de la santé et de la sécurité du travail (the “CNESST”) may also require an employer with fewer than 20 workers to establish such a committee if it deems it necessary.
The OHSA and the Regulation encourage employers and workers to jointly determine the committee’s operating procedures and the number of worker representatives on the committee. However, in the absence of an agreement between the parties, the Regulation specifies the minimum number of worker representatives based on the size of the company, the procedure for designating worker representatives depending on whether they are unionized (in whole or in part) or not, and the minimum frequency of committee meetings that must be held annually according to the level of risk associated with the establishment. In any event, committee meetings should be staggered so that at least one meeting is held per quarter.
In addition, each committee member, including the health and safety representative, must, within 120 days of their appointment, obtain a certificate for at least one day of theoretical training issued by the CNESST or another recognized organization.
Health and safety representative and liaison officer
A health and safety representative (an “HSR”) must also be appointed from among the workers’ representatives on the health and safety committee, where such a committee exists. The duties of the HSR include inspecting workplaces, assisting other workers in exercising their rights, participating in the identification and assessment of risks, and collaborating in the development and implementation of the prevention program.
Otherwise, employers with fewer than 20 workers are required to appoint a health and safety liaison officer from among their workers. While their duties are less extensive than those of the HSR, the liaison officer is still required to collaborate on the development and implementation of the prevention program and may make recommendations to the employer.
The minimum monthly time the HSR may devote to the performance of their duties, excluding specific tasks not subject to any limit, may be determined by the parties. In the absence of an agreement between the members of the health and safety committee, the minimum time required—which varies according to the level of risk and the number of workers in the establishment—is specified in the Regulation.
It should be noted that for employers covered by a collective agreement that already provides for time off to perform HSR duties, these hours are not added to those provided for in the Regulation, subject to the minimum threshold being met.
As with members of the health and safety committee, the HSR is required to complete training within 120 days of their appointment and obtain a training certificate from the CNESST or another recognized organization. The training must focus primarily on subjects closely related to their HSR duties. Further training is then required every two years.
Transitional and final provisions
Transitional provisions are included to provide a buffer period for implementing the new obligations, including a reduced minimum time off for the HSR in establishments carrying on activities classified as risk levels 3 and 4, as specified in the Regulation, until September 20, 2026. Similarly, the theoretical training certificate that must be obtained by members of the health and safety committee and the HSR may be postponed to the later of 120 days following their appointment or between April 1, 2026, and October 1, 2027, depending on the establishment’s level of risk.
Finally, it should be noted that failure to comply with these obligations is subject to criminal prosecution under the OHSA, with the minimum fine for a legal entity ranging from $2,074 to $4,143 for a first offence, and from $4,143 to $16,573 for each subsequent and additional offence.
Conclusion
These legislative and regulatory changes mark a new chapter for the health and safety regime, one which will actively promote worker participation in workplace risk management. However, the changes impose additional obligations on employers, and implementing prevention mechanisms may present its own set of challenges.